United States v. Saul I. Birnbaum

J. JOSEPH SMITH, Circuit Judge:

Saul I. Birnbaum was twice tried and convicted in the United States District Court for the Southern District of New York on a 1961 indictment for bribing and conspiracy to bribe an Internal Revenue agent. On the first conviction, he was sentenced,. in 1963, .to concurrent eighteen-month terms, but, after reversal, 337 F.2d 490 (2d Cir. 1964), he was re-tried, convicted and sentenced in 1966 to concurrent one-year terms. This conviction was upheld. 373 F.2d 250 (2d Cir.), rehearing denied, 375 F.2d 232, cert. denied, 389 U.S. 837, 88 S.Ct. 53, 19 L.Ed.2d 99…